Shri Benoyendra Roy v. The Dy Chief Electric Engineer (G) Eastern Railways

OD - 3 ORDER SHEET AP/532/2021

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHRI BENOYENDRA ROY VS THE DY CHIEF ELECTRIC ENGINEER (G) EASTERN RAILWAYS

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 8th March, 2022.

Appearance:

Mr. Anuran Samanta, Adv.

The Court : This is an application under Section 14 of the Arbitration and Conciliation Act, 1996. The application is directed against the refusal of the learned Arbitrator to permit the petitioner to file an Affidavit of Evidence.

In this background, the petitioner prays for removal of the Arbitrator and for appointment of a fit, proper and impartial Arbitrator in place and stead of the sole Arbitrator.

I have considered the submissions made on behalf of the parties. I am of the view that the petitioner having availed of his remedy under the Arbitration and Conciliation Act, 1996, this application is premature and misconceived.

In view of the aforesaid, AP No.532 of 2021 stands dismissed. However, there shall be no order as to costs. (RAVI KRISHAN KAPUR, J.) S.De